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Home , Land law

No. 19/97 of 1 October

CHAPTER I General Provisions s: o N ARTICLE 1 r-' I'T1 C') Definitions ~ r-' For the purpose of the present Law, the following shall mean:

1. Local community: a grouping of families and individuals, living in a territorial area that is at the level of a locality or smaller, which seeks to safeguard their common interests through the protection of areas for habitation or agriculture, whether cultivated or lying fallow, , places of cultural importance, pastures, sources and areas for expansion. 9 2. Right of and benefit: the right that individual or corporate persons and local communities acquire over the land in terms of the requirements and limitations of this Law. 8 3. Public domain: areas that are destined for the satisfaction of the public interest.

4. Family use: use of land for the purpose of meeting the needs of the household, using predominantly the labour capacity of the household.

5. Special licence: a document that authorises the carrying out of any ....I CI; economic activity within total or partial protection zones. C.:l UJ ....I N o :2: 6. Land use map: a diagram that shows all occupation of the land, including the location of human activity and natural existing within a z determined area. o ~ Vl 7. : form of acquisition of the right of use and benefit of land aUJ ....I by national individual persons who have been using the land in good ~ faith for at least ten years, or by local communities. ....I C :sZ 8. National corporate persons: any corporation or institution constituted 18. : document issued by the general or urban Public Cadastre and registered in terms of Mozambican legislation, with its head office Services, proving right of land use and benefit. in the Republic of Mozambique, in which at least fifty percent of its share capital belongs to national citizens, Mozambican corporations or institutions 19. Nature protection zone: of public domain, intended for the be they private or public. conservation of certain animal or species, , historical, scenic or natural monuments, within a system of management that preferably 9. Foreign corporate persons: any corporation or institution constituted in involves local community participation and is the subject of specific legislation. terms of Mozambican or foreign legislation, in which more than fifty percent s: of its share capital belongs to foreign citizens, corporations or institutions. o N ARTICLE 2 r-' I'T1 c;') Scope ~ 10. National individual person: any citizen of Mozambican nationality. r-' This Law establishes the terms under which the creation, exercise, modi­ 11. Foreign individual person: any individual person whose nationality is fication, transfer and termination of the right of land use and benefit not Mozambican. operates.

12. Exploitation plan: document presented by an applicant for the use and benefit of land describing activities, works and building which the applicant undertakes to realise in accordance with a determined schedule. CHAPTER II 11 13. Land useplan: document which is approved by the Council of Ministers, of the land and public domain with the purpose of providing in an integrated manner, the general and sectoral development guideltnes for a specific geographical area. ARTICLE 3 10 General principle 14. Urbanisation plan: document which establishes the organisation, The land is the property of the State and cannot be sold or otherwise design, concept and boundaries of urban perimeters, as well as occupancy alienated, mortgaged or encumbered. parameters and building plans, to be protected, areas destined for installation of equipment, open spaces and schematic diagrams for road networks and principal infrastructure. ARTICLE 4 State land fund 15. Ownership of land: exclusive right of the state, established by the In the Republic of Mozambique, all land makes up the State Land Fund.

....I CI; constitution of the Republic of Mozambique incorporating all of <.:l UJ ....I ownership, as well as the power and the ability to determine the conditions N o of its use and benefit by individual or corporate persons. ARTICLE 5 :2: National Land Cadastre z 16. Applicant: individual or corporate person who requests in writing, 1. The National Land Cadastre shall consist of all necessary data to: o ~ authorisation for land use and benefit under the terms of this Law. a) Know the economic and legal status of the land; Vl b) Know the type of occupancy, use and benefit as well as an evaluation a UJ ....I 17. Title-holder: individual or corporate person who holds the right of of fertility, forestry areas, water, fauna and flora reserves, ~ land use and benefit under an authorisation or through occupancy. exploration areas and areas for tourism. ....I C c) Organise efficiently land utilisation, protection and conservation. :sZ d) Determine the appropriate regions for specialised production. 2. The National Land Cadastre shall determine the economic qualification of the data defined in the previous paragraph, in order to provide a basis ARTICLE 9 for the planning and distribution of the country's resources. Special licences foractivities in totalorpartialprotection lanes No rights of land use and benefit can be acquired in total and partial protections zones, although special licences may be issued for specific ARTICLE 6 activities. Public domain The total and partial protection zones are part of the public domain. s: o N r-' I'T1 c;') ARTICLE 7 CHAPTER III ~ r-' Total protection lanes The right of use and benefit of land Areas that are intended for nature conservation or preservation activities and areas for State security and defence are considered total protection zones. ARTICLE 10 National persons 1. National individual and corporate persons, men and women, as well ARTICLE 8 as local communities may be holders of the right of land use and benefit. Partial protection lanes

The following are considered partial protection zones: 2. National individual and corporate persons may obtain the right of 13 a) The bed of interior water, the territorial sea and the exclusive economic land use and benefit individually or jointly with other individual and zone; corporate persons by way of joint title holding. b) The continental platform; 12 c) The strip of maritime coastline, including that around islands, bays 3. The right of land use and benefit of local communities adheres to the and estuaries, which is measured from the high tide line to a mark principles of joint title holding for all the purposes of this Law. 100 meters inland; d) The land strip of up to 100 meters surrounding water sources; e) The land strip of up to 250 meters along the edge of dams and reservoirs; ARTICLE 11 f) The land occupied by public interest railway lines and their respective Foreign persons stations with a bordering strip of 50 meters on each side of the line; Foreign individual and corporate persons may be holders of the right of g) The land occupied by motorways and four lane highways, aerial, surface, land use and benefit, provided that they have an investment project that

....I CI; underground and underwater installations and conduits for electricity, is duly approved and the following conditions are observed: <.:l UJ ....I telecommunications, petroleum, gas and water, including a bordering a) in the case of individual persons, provided that they have been resident N o strip of meters on each side, as well as the land occupied by roads in the Republic of Mozambique for at least five years; :2: 50 including a bordering strip of 30 meters for primary roads and 15 b) in the case of corporate persons, provided that they are established or z meters for secondary and tertiary roads; registered in the Republic of Mozambique. o ~ h) The two kilometre strip of land along the terrestrial border; Vl i) The land occupied by airports and aerodromes with a surrounding strip a UJ ....I of land of 100 metres; ~ j) The 100 metre strip of land surrounding military or other defence and ....I C security installations of the State. :sZ ARTICLE 12 ARTICLE 15 Acquisition Proof The right of land use and benefit is acquired by: The right of land use and benefit can be proved by means of: a) occupancy by individual persons and by local communities, in accordance a) Presentation of the respective title; with customary norms and practices which do not contradict the b) Testimonial proof presented by members, men and women of local Constitution; communities; b) occupancy by individual national persons who have been using the c) Expert evidence and other means permitted by law. s: land in good faith for at least ten years; o N r-' c) authorisation of an application submitted by an individual or corporate I'T1 c;') ARTICLE 16 ~ person in the manner established by this Law. r-' Transfer 1. The right of land use and benefit may be transferred by , ARTICLE 13 without distinction by gender; Titling 1. A title shall be issued by the general or urban Public Cadastre Services. 2. The titleholders of the right of land use and benefit may transfer, inter vivos, infrastructures, structures and improvements existing on the land 2. The absence of title shall not prejudice the right of land use and by means of a public notarial , preceded by authorisation from the benefit acquired through occupancy in terms of sub-paragraphs a) and b) competent state entity. 15 of the previous article. 3. In the cases referred to in the preceding paragraph, the transfer shall 3. The application for a title for the right of land use and benefit shall be recorded on the respective title. 14 include a statement by the local administrative authorities, preceded by consultation with the respective communities, for the purpose of confirming 4. In the case of urban tenements, the transfer of the immovable property that the area is free and has no occupants. includes the transfer of the right of land use and benefit of the respective plot. 4. The title issued to local communities shall be issued in the name of the community, which name shall be decided upon by the community. 5. The titleholder of the right of land use and benefit may mortgage the immovable assets and improvements which he/she has duly been authorised 5. Individual men and women who are members of a local community to make on the land or which he/she has legally acquired a right of ....I CI; may request individual titles, after the particular plot of land has been ownership over. <.:l UJ ....I partitioned from the relevant community land. oN :2: ARTICLE 17 Term z ARTICLE 14 o Registration ~ 1. The right of land use and benefit for purposes of economic activities is Vl 1. The constitution, modification, transfer and termination of the right subject to a maximum term of 50 years, which is renewable for an equal a UJ ....I of land use and benefit are subject to registration. period upon application by an interested party. After the renewal period, ~ a new application must be presented. ....I C 2. The absence of registration does not prejudice the right of land use :sZ and benefit acquired through occupancy in terms of sub-paragraphs a) and b) of article 12, provided that it has been duly proved in terms of this Law. 2. In the following circumstances, the right of land use and benefit is not subject to a time limit: ARTICLE 21 a) Where the right was acquired by local communities through occupancy; License Period b) Where it is intended for personal residential purposes; License periods shall be defined in accordance with the applicable legislation, c) Where national individual persons intend it for family use. independently of the authorised period for the right of land use and benefit.

ARTICLE 18 Termination of the rightof landuse andbenefit s: o N CHAPTER V r-' 1. The right of land use and benefit shall be extinguished: I'T1 c;') Powers and responsibilities ~ a) By failure to fulfil the exploitation plan or investment project without r-' justifiable reasons within the time limits established in the application approval, even if obligations are being complied with; ARTICLE 22 b) By revocation of the right of land use and benefit for reasons of public Areas notcovered byurbanisation plans interest, preceded by payment of fair indemnification and/or compensation; In areas that are not covered by urbanisation plans: c) Upon the expiry of its term or a renewal thereof; 1. The Provincial Governors have the competence to: d) By renunciation by the titleholder. a) Authorise applications for land use and benefit for areas that do not exceed 1 000 hectares; 2. Upon termination of the right ofland use and benefit, the non-removable b) Authorise special licences in partial protection zones; 17 improvements shall revert to the State. c) Issue opinions regarding applications for land use and benefit in areas that fall within the competence of the Minister of Agriculture and .

16 2. The Minister of Agriculture and Fisheries has the competence to: a) Authorise applications for land use and benefit for areas that are CHAPTER IV between 1 000 and 10 000 hectares; Exercising of economic activities b) Authorise special licences in total protection zones; c) Issue opinions regarding applications for land use and benefit regarding ARTICLE 19 applications that exceed his competence for approval. Exploitation plan The applicant for land use and benefit shall present an exploitation plan. 3. The Council of Ministers has the competence to:

....I CI; a) Authorise applications for land use and benefit in areas which exceed <.:l UJ ....I the competence of the Minister of Agriculture and Fisheries, provided N o ARTICLE 20 they are within a land use plan or could be integrated in a land use map; :2: Licensing andthe rightof land use andbenefit b) Create, modify or extinguish total or partial protection zones; z The approval of an application for the right of land use and benefit does c) Decide on the use of the bed of territorial and the continental o ~ not dispense with the need for licences or other authorisations that are platform. Vl required by: a UJ ....I a) The legislation applicable to the exercise of the intended economic ~ activities, namely agriculture and livestock, agro-industrial, industrial, ....I C tourism, commercial, and mining and environmental protection; :sZ b) Directives of land use plans. title issued upon fulfilment of the exploitation plan within the period of ARTICLE 23 the provisional authorisation. Municipal Councils, Settlement Councils andDistrict Administrators Presidents of Municipal Councils and Settlement Councils and, where there are no municipal structures, District Administrators, have the competence ARTICLE 27 to authorise applications for land use and benefit in areas that are covered Revocation ofprovisional authorisation by urbanisation plans, provided they have public cadastre services. On the expiry of the provisional authorisation, if it is verified that the exploitation plan has not been fulfilled without justifiable reasons, the s: provisional authorisation may be revoked without the right to compensation o N ARTICLE 24 r-' for non-removable investments that have been made. I'T1 c;') Local communities ~ r-' 1. In rural areas the local communities shall participate in: a) The management of natural resources; b) The resolution of conflicts; c) The process of titling, as established in paragraph 3 of article 13 of CHAPTER VII this Law; Payments d) The identification and definition of boundaries of the land that the communities occupy. ARTICLE 28 Fees 19 2. In exercising the competences listed in a) and b) in paragraph 1 of the 1. Titleholders of the right of land use and benefit are subject to the present article, the local communities shall use, among others, custom­ payment of fees whose value is established taking into account the location ary norms and practices. of the land plots, their dimensions and the purpose of their use and benefit. 18 The fees are: a) The authorisation fee; b) An annual fee, which may be progressive or regressive in accordance CHAPTER VI with the investments realized. Authorisation process of applications for land use and benefit 2. Preferential fees shall be established for national citizens.

ARTICLE 25

....I Provisional authorisation ARTICLE 29 CI; <.:l UJ Free use of land ....I 1. After submission of an application for land use and benefit, a provisional N o authorisation is issued. The use and benefit of land is free when it is intended for: :2: a) The State and its institutions; z 2. The provisional authorisation shall be valid for a maximum of five b) Associations that are for public uses and are recognised by the Council o ~ years for national persons and two years for foreign persons. of Ministers as such; Vl c) Family uses, local communities and the individual persons who belong a UJ ....I to them; ~ ARTICLE 26 d) National small-scale agricultural and livestock and associations. ....I Final authorisation C :sZ Final authorisation for land use and benefit shall be given and the relevant Approved by the Assembly of the Republic, on 31 of July 1997.

CHAPTER VIII THE PRESIDENT OF THE ASSEMBLY OF THE REPUBLIC, IN OFFICE, Final and transitory provisions Abdul Carimo Mahomed Issi ARTICLE 30 Representation andaction of local communities Promulgated on 1st October of 1997 The mechanisms for representation of, and action by, local communities, Let it be published. s: with regard to the rights ofland use and benefit, shall be established by law. o N r-' THE PRESIDENT OF THE REPUBLIC, I'T1 c;') ~ [oequim Alberto Chisseno r-' ARTICLE 31 Land use plans The principles for the development and approval of land use plans shall be defined by law.

ARTICLE 32 Application of the law 21 1. The rights of land use and benefit, whether acquired through occupancy or approval of an application, shall now be subject to the present Law, subject to any acquired rights. 20 2. Conflicts over land shall be resolved in a Mozambican forum.

ARTICLE 33 Regulation The Council of Ministers shall have the competence to approve regulations of the present Law.

....I CI; <.:l UJ ....I oN ARTICLE 34 :2: Previous legislation z Law 6/79 of 3 of July and Law 1/86 of 16 April and all other previous o ~ legislation which contradict this present Law are repealed. aVl UJ ....I ~ ARTICLE 35 ....I Commencement o z :s The present Law shall enter into force ninety days after its publication.